What Happens If You Buy Property Before Filing For Divorce?

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There’s no denying that divorce can be a messy, complicated process. But what happens if you buy property before filing for divorce? Is that considered marital property? And how will it be divided in the event of a divorce? These are all important questions to consider if you’re thinking about getting divorced. So, if you’re curious about what happens when you buy property before filing for divorce, keep reading. We’ll break it down for you.

What Is A.R.S. 25-318?

If you’re considering buying property before filing for divorce, there are a few things you should keep in mind. In Arizona, divorce is governed by the Arizona Revised Statutes (A.R.S.), and there are specific laws about dividing property during a divorce.

Under A.R.S. 25-318, all property acquired by either spouse during the marriage is considered community property and is subject to division during a divorce. This includes any property purchased before the marriage, as well as any property inherited by either spouse during the marriage.

However, there are some exceptions to this rule. For example, if you buy a piece of property using money that was inherited by your spouse, that property may be considered separate property and not subject to division in a divorce.

It’s also important to note that, in Arizona, the property is generally valued as of the date of the divorce, not the date of purchase. So, if you buy a piece of property before filing for divorce, but the divorce is not finalized until after the property has increased in value, the increase in value may be considered community property and subject to division.

If you’re considering buying property before filing for divorce, it’s best to consult with an experienced family law attorney to discuss your options and make sure you understand the potential implications.

Should I Buy A Property Under Someone Else’s Name During A Divorce?

If you’re going through a divorce, you may be tempted to buy a property under someone else’s name in order to keep it out of the hands of your soon-to-be ex. After all, divorce can be a stressful and complicated process, and you may be looking for ways to protect your assets. However, this is generally not a good idea.

There are some things you should consider before buying property under someone else’s name during a divorce. For one, it could complicate matters if you try to sell the property later on. Additionally, it could create problems if you need to get a loan against the property or if you have any other financial dealings with the property.

There are a few reasons why buying property during a divorce can be problematic. First, if you’re trying to keep the property away from your spouse, it may be considered hidden assets and subject to equitable distribution. Second, if you use marital funds to buy the property, your spouse may have a claim on it. Finally, if you buy the property in your spouse’s name and the divorce is later overturned, you may not be able to get the title transferred into your own name.

How Can My Spouse Have Rights To Property That I Buy During The Process Of Divorce?

The process of divorce can be a difficult and emotionally charged time. One of the many decisions that you may have to make is what to do with any property that you own. This can be especially complicated if you are considering buying new property during the divorce process. You may be wondering if your spouse will have any rights to the new property, and how this could affect your divorce settlement.

In Arizona, as in other states, courts generally consider all property to be marital property unless it can be proven to be separate property. Marital property is defined as any property acquired during the marriage, regardless of whose name is on the deed or title. Separate property is defined as any property acquired before the marriage, or after the separation.

If you buy property before filing for divorce, the court may classify the property as separate property. This is true even if the property is in both your name and your spouse’s name. Examples of separate property include:

  • Property that you owned before you got married
  • Gifts that you received during your marriage
  • An inheritance that you received during your marriage
  • Property that you purchased with money that you inherited or received as a gift during your marriage

If the court determines that the property is separate property, then it will not be divided between you and your spouse in the divorce. Instead, the property will remain yours after the divorce is final.

Remember that under Arizona law, there are two types of property: community property and separate property. Community property is owned equally by both spouses, while separate property is owned by only one spouse. If you buy a house during your marriage, it will be considered community property unless you can prove that it is separate property.

If you and your spouse cannot agree on whether the house is a community or separate property, the court will make a determination based on the facts of your case.

If you’re considering a divorce, it might be in your best interest to hold off on buying property until everything is finalized. Selling and/or dividing assets during a divorce can get messy, so it’s always best to consult with an attorney before making any big decisions. If you have any other questions about the process or want advice on what to do next, don’t hesitate to give us a call—we’re here to help!

AZ Divorce Guide

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